Conditions générales de vente
sur internet TEMO
Updated on 9 Septembre 2024
Preambule
The purpose of the General Terms and Conditions of Sale is to define the conditions under which TEMO sells products to its customers via its website.
TEMO SAS is a société par actions simplifiée (simplified joint stock company) with capital of 123,399.05 euros, whose registered office is located at 17 rue Daniel Gilard, 56000 Vannes (France), registered with the Vannes Trade and Companies Register under number 844 724 021. TEMO SAS specialises in the construction of equipment for pleasure boats. Tel. : +33 (0)9 70 70 38 80. Email: [email protected].
1.Definitions
Capitalized terms and expressions used in these general terms and conditions shall have the following meanings:
"Customer" means any natural person of legal age purchasing, on the Website, one or more Products or Services offered by TEMO, for purposes that do not fall within the scope of their professional activity, and therefore having the status of consumer within the meaning of the French Consumer Code.
"Customer Account " means the account created on the Website by any natural person of legal age with the status of consumer with a view to purchasing one or more Products.
"General Terms and Conditions of Sale" means these general terms and conditions of sale, applicable to the relationship between TEMO and the Customer.
"TEMO" refers to TEMO as defined in the Preamble.
"Products " means the products offered for sale on the Website by TEMO.
"Services" means the services offered by TEMO via the Website.
"Website" means the website hosted at the following address: www.temofrance.com
"VAT" means French value added tax.
"User" refers to any person registering on and/or browsing the Website.
2.Acceptation des Conditions Générales de Vente
Les Conditions Générales de Vente déterminent les conditions contractuelles applicables aux relations entre TEMO et le Client.
Le Client déclare être une personne physique majeure ayant la capacité de conclure le Contrat.
Le Client est tenu de lire attentivement les Conditions Générales de Vente avant d’effectuer l’achat d’un Produit ou Service sur le Site Internet. Les Conditions Générales de Vente contiennent des informations importantes sur les droits et obligations du Client.
Tout achat d’un Produit ou Service sur le Site Internet requiert l’acceptation expresse et sans réserve des Conditions Générales de Vente par le Client. Si le Client n’accepte pas les Conditions Générales de Vente, il ne pourra pas effectuer un achat de Produits ou Services sur le Site internet.
3. Produits
3.1. Définition et caractéristiques des Produits
TEMO commercialise une gamme de produits technologiques d‘équipements innovants pour les bateaux de plaisance.
Le Client s’engage à lire et respecter la notice d'emploi et d‘entretien, les instructions d'installation ainsi que, s'il y a lieu, le contrat de garantie commerciale.
Le Client comprend notamment qu’il lui appartient de vérifier tous les trois (3) mois les niveaux de charge des moteurs TEMO.
3.2. Product prices
The Products are offered at the prices displayed on the Website on the day the order is confirmed by the Customer.
The prices displayed on the Website are in euros, inclusive of all taxes and VAT, and exclusive of packaging and delivery costs or any other additional costs, as specified on the summary page of the Customer's order. Any change in the VAT rate will be reflected in the price of the Products.
TEMO reserves the right to change the prices displayed on the Website at any time.
3.3.Product availability
The period of availability of a Product is shown on the Website, in the relevant product description.
In the event that a Product is unavailable after the Customer has placed an order, TEMO shall immediately inform the Customer and notify them of the new period of availability.
4. Services
TEMO may offer different Services on its Website, in particular personalisation, engraving or Customer training services, the description of which will be available on the Website.
The Services are offered at the prices displayed in euros, inclusive of all taxes, on the Website on the day the order is confirmed by the Customer. Any change in the VAT rate will be reflected in the price of the Services. TEMO reserves the right to change the prices of the Services displayed on the Website at any time.
Services may be ordered via the Website under the conditions set out in article 7 of the General Terms and Conditions of Sale.
5. Creating a Customer Account
In order to place an order for Products, Userw must first create a Customer Account by providing personal information.
Users who wish to create a Customer Account on the Website are informed, at the time the Customer Account is created, that to do so they must provide personal data which will be processed by TEMO. Users must update the information provided to TEMO as necessary.
Except in cases of force majeure, Users are solely responsible for the confidentiality of the information provided, as well as the username and password provided when creating their Customer Account. They undertake to take all necessary steps to safeguard the confidentiality of their login and password.
6. Registration on the do not call list
TEMO may collect the Customer's telephone details.
In accordance with the French Consumer Code, the Customer is informed that they may at any time register on the "do not call list".
7. Ordering
Customers wishing to order a Product on the Website must follow the steps below:
(i) Select each Product and the desired quantity and add it to the basket;
(ii) Confirm the contents of the basket when all the Products have been selected;
(iii) Identify themselves by means of their Customer Account or, where applicable, create a Customer Account beforehand;
(iv) Choose the delivery method, the costs for each delivery method being displayed on the Website;
(v) Check the order details and correct them if necessary;
(vi) Choose the method of payment and confirm full and unreserved acceptance of the General Terms and Conditions of Sale in effect on the day the order is placed;
(vii) Check all the information on the order summary page before confirming payment, and confirm the order with an obligation to pay.
The Customer is asked to check carefully that the Products meet their needs before placing an order.
TEMO shall not be held liable for the Customer's failure to identify its requirements or for any Customer errors in the ordering process.
TEMO reserves the right to refuse any subsequent amendment of an order placed by a Customer on the Website.
8. Financial conditions
8.1. Amount payable
The amount to be paid by the Customer is that shown on the order summary page before the Customer confirms payment.
In particular, it includes (i) the price of the Products and/or Services ordered, in euros including all taxes and VAT, or excluding VAT depending on the Customer's location, (ii) packaging and delivery costs, and (iii) any other specified additional costs.
Where applicable, any charges, duties and taxes relating to customs clearance paid by TEMO on the Customer's behalf in accordance with Article 11.5 shall be added to the amount payable shown on the order summary page and shall be borne solely by the Customer.
The amount to be paid for a given order is payable in euros and is due in full when the Customer confirms the order.
8.2. Payment on account
Not with standing Article 8.1, TEMO may, at its discretion, offer the Customer the opportunity to pay a deposit as an advance payment towards the final payment due under the Contract.
Payment of this deposit by the Customer implies a firm commitment on the part of TEMO and the Customer, who is not entitled to withdraw, without prejudice to their right of withdrawal under Article 12.
In such event, the balance of the amount due in respect of the order in question shall, in any event, be paid by the Customer before TEMO dispatches the said order.
8.3. Terms of payment
Payment of the price of the Products and/or Services must be made by credit card (Carte Bleue, Visa, Mastercard, American Express).
To avoid any risk of fraudulent payment, TEMO reserves the right to ask the Customer for proof of identity.
8.4. Secure transactions
In order to protect sensitive data relating to payment methods, the Website uses an SSL ("Secure Socket Layer") secure exchange protocol. TEMO uses Crédit Maritime's secure System Pay payment service.
TEMO does not have access to sensitive data relating to payment methods provided by the Customer.
9. Order processing
Once the Customer has paid, they will receive an e-mail as soon as possible confirming that their payment has been validated and that their order has been acknowledged, with details of the order. The order is only considered definitive on the date of this e-mail, subject to the availability of the Products as referred to in Article 3.4.
The Customer will also be informed by e-mail when the Products ordered have been dispatched. Customers can track the progress of their order in their Customer Account.
In the absence of proof to the contrary, the data recorded in TEMO's computer system shall constitute proof of all transactions entered into with the Customer. For payments made by bank card, the data recorded by the payment system constitutes proof of the financial transactions entered into with the Customer.
10. Refusal or cancellation of an order by TEMO
As the Products offered for sale by TEMO on the Website are exclusively intended for consumers, TEMO reserves the right to refuse an order from a Customer that contains an abnormally high number of Products in relation to the needs of a consumer, this number being at TEMO's discretion.
Furthermore, TEMO reserves the right to refuse or cancel a Customer's order for any legitimate reason, in particular in the event of incorrect entry of payment details, rejection of the payment method used or non-receipt by TEMO within the required timeframe of any additional information requested to validate the Customer's payment.
The Customer shall bear any costs incurred in resolving the problem, in particular in the event of a refusal of payment by their bank.
11. Delivery
11.1. Delivery terms and charges
TEMO delivers Products within mainland France and to the following countries: Belgium, Germany, Austria, Andorra, Luxembourg, Netherlands, Hungary, Liechtenstein, Estonia, Finland, Latvia, Lithuania, Slovakia, Slovenia, Romania, Poland, Sweden.
The Products can only be dispatched once TEMO has received full payment for the order.
The Customer shall bear the cost of any re-shipment resulting from an error made by the Customer in the delivery address provided.
If the recipient is not present at the time of delivery:
(i) The Customer must arrange a new delivery date with the carrier or collect the Products from the address and in the manner indicated by the carrier.
(ii) If the recipient is not present at the appointment date agreed with the carrier, any charges invoiced to TEMO by the carrier will be invoiced to the recipient.
(iii) If the Customer fails to collect the Products within the time limit provided by the carrier, the Products will be returned to TEMO at the Customer's expense.
(iv) Any request by the Customer to return the Products will be at the Customer's sole expense.
11.2. Delivery charges
The relevant delivery charges are shown on the Website when the Customer chooses the delivery method.
The amount due by the Customer in this respect is shown on the order summary page before the Customer confirms payment.
11.3. Delivery times
The delivery time stated on each Product description is an estimated average time for delivery within mainland France.
The delivery time for a Product purchased by the Customer is shown on the order summary page and begins from the time TEMO confirms the order as referred to in Article 9.
TEMO undertakes to inform the Customer as soon as possible by e-mail if the delivery deadline given to the Customer is exceeded.
The Customer may request termination of the Contract and reimbursement of the sums paid for the order only under the following cumulative conditions:
(i) TEMO has not met the delivery deadline provided to the Customer; and
(ii) The Customer, by registered letter with acknowledgement of receipt or any other durable medium, has unsuccessfully requested TEMO to deliver the Product(s) ordered within a reasonable additional period.
Where applicable, the Customer may terminate the Agreement with TEMO by registered letter with acknowledgement of receipt or by any other durable medium. Unless TEMO has fulfilled its obligations prior to receipt of the letter of termination, TEMO shall refund all sums paid by the Customer in respect of the order in question, at the latest within fourteen (14) days of the date of receipt of the Customer's letter of termination.
In no event shall TEMO be liable for failure to meet delivery deadlines due to an event of force majeure.
11.4. Transport risks
The risks of loss and damage to the Products are transferred to the Customer at the time when the Customer, or a third party designated by the Customer, takes physical possession of the Products.
In accordance with Article L. 133-3 of the French Commercial Code, TEMO's right of recourse against the carrier in the event of damage or partial loss shall lapse on receipt of the transported items if the consignee has not notified the carrier, by extrajudicial act or by registered letter, of its reasoned complaint within the following three (3) days, not including public holidays. This period may be extended in certain circumstances.
Accordingly, in order to enable TEMO to safeguard its rights in respect of the carrier, the Customer is asked to (i) inform TEMO of any damage to or partial loss of the Products ordered, as soon as the Products are received, by e-mail to [email protected] and (ii) notify the carrier concerned within three (3) days by registered letter.
In particular, in the event of damage to the parcel or the Products, the Customer is asked (i) to refuse the parcel by writing "Refused: Product damaged" on the delivery note, or (ii) if the Customer accepts the parcel nonetheless, to make any necessary comments on the delivery note, stating any damage to the Products.
11.5. Customs clearance
By purchasing Products on the Website, the Customer expressly authorises TEMO to carry out, on the Customer's behalf, all formalities and customs clearance operations required for delivery of the Products to the place of delivery specified by the Customer.
All costs, duties and/or taxes arising from these customs clearance operations shall be borne exclusively by the Customer, who must pay them at the time of delivery of the Products.
12. Right of withdrawal
The provisions of this Article 12 apply exclusively to Customers whose order for Products has been delivered by TEMO within the European Union.
12.1. How to exercise your right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer benefits from a right of withdrawal, by virtue of which they may decide to renounce their commitment to purchase Products, without having to justify their decision or pay any penalty, for the purposes of exchange or reimbursement.
This right does not apply to Products that are made to the Customer's specifications (and in particular if applicable as part of personalisation or engraving services) or that are clearly personalised, in accordance with Article L221-28 of the French Consumer Code.
The Customer must exercise their right of withdrawal within fourteen (14) calendar days of the date on which they or the third party designated by them receives the Product or, in the case of Services, fourteen (14) days of the date on which the contract is concluded.
In the event of an order comprising several Products that are delivered separately, the period runs from the day on which the Customer or the designated third party receives the last Product in the order.
The Customer must inform TEMO of their intention to exercise their right of withdrawal before this period expires, either by using the withdrawal form available in Annex 1, which must be sent to TEMO by e-mail or post, or directly from their Customer Account.
TEMO will acknowledge receipt of the Customer's request.
12.2. Procedures for returning Products when exercising the right of withdrawal
Any Customer who has exercised their right of withdrawal as referred to in Article 12.1 must return the Product(s) concerned to TEMO's registered office address, at their own expense and at the latest within fourteen (14) days of informing TEMO of their decision to withdraw.
The risks related to the transport of Products returned by the Customer shall be borne by the Customer until the date on which TEMO receives proof of shipment.
The Product being returned must be returned in its entirety (packaging, accessories, instructions, etc.) and in perfect condition for resale.
In order to facilitate the processing of the return, the Customer is asked to enclose a copy of the corresponding invoice.
In accordance with the French Consumer Code, the Customer may be held liable in the event of any depreciation of the Product caused by handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
12.3. Reimbursement
If the Customer exercises their right of withdrawal as referred to in Article 12.1, they may request reimbursement of the sums paid.
TEMO shall reimburse the Customer for the sums paid by the Customer at the time of ordering, including, where applicable, delivery costs, but excluding any additional costs associated with the choice of a delivery method that is more expensive than the standard delivery method offered by TEMO. The cost of returning the Product shall be borne exclusively by the Customer.
If the right of withdrawal is exercised in respect of only some of the Products received, the delivery costs will be reimbursed in proportion to the weight of the Products returned or, if the delivery costs have been calculated on a flat-rate basis, they will not be reimbursed to the Customer.
The reimbursement will be made as soon as possible and no later than the date of receipt by TEMO of the returned Product or receipt by TEMO of proof of shipment of the Product by the Customer, whichever is the earlier.
TEMO will carry out the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless another means of payment has been expressly agreed between the parties.
13. Guarantees
13.1. Legal guarantees
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date on which it appeared.
The legal guarantee of conformity implies an obligation on the part of the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without any major inconvenience to the consumer.
If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension to the initial guarantee.
If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The goods are repaired or replaced after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of collection or removal of the non-conforming goods, or if they bear the cost of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in the price or rescission of the contract. In this case, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.
Consumers do not have the right to rescind the sale if the lack of conformity is minor.
Any period during which the goods are out of service in order to be repaired or replaced suspends the remaining warranty period until the goods are restored to working order or replacement goods delivered.
The rights referred to above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith may incur a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in exchange for the return of the goods.
In order to benefit from the guarantees, the Customer shall not modify, repair or tamper with the Product without TEMO's consent.
With the exception of digital services, the provisions relating to Legal Guarantees do not apply to the provision of Services.
13.2. Terms and conditions for returning Products under a legal guarantee
Any Customer wishing to return a Product under a legal guarantee must first inform TEMO by e-mail at [email protected], or by post at the address given in the Preamble.
TEMO will acknowledge receipt of the Customer's request and provide the Customer with the necessary instructions for returning the Product.
Products found to be non-compliant or defective will be reimbursed as soon as possible. TEMO will cover the cost of returning the goods in France and in European Union countries, on submission of receipts where applicable.
14. Intellectual property
The intellectual property rights attached to the Products, including but not limited to trademarks, designs, plans, models and patents, are the exclusive property of TEMO or its partners. No user licence is granted to the Customer under these General Terms and Conditions of Sale.
15. General provisions
15.1. Partial invalidity
The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions of Sale, with the exception of an impelling and determining clause which led one of the parties to enter into the contract.
15.2. Modification des Conditions Générales de Vente
TEMO se réserve la faculté de modifier les Conditions Générales de Vente à tout moment. Par conséquent, les Conditions Générales de Vente applicables sont celles en vigueur à la date de la commande par le Client.
15.3. Médiation - Droit applicable - Juridiction
Les Conditions Générales de Vente, et plus généralement le Contrat, sont soumis au droit français, à l’exclusion des dispositions de la Convention de Vienne sur les contrats de vente internationale de marchandises du 11 avril 1980.Si le Client est un consommateur résidant habituellement dans un État membre de l'UE ou dans l'EEE ou en Suisse, le Client bénéficiera de toutes les dispositions obligatoires de la loi du pays dans lequel il réside. Aucune disposition des présentes n'affecte les droits d'un client en tant que consommateur de se prévaloir de telles dispositions impératives en vertu des lois locales applicables.
Pour toute contestation liée à la conclusion ou l’exécution du Contrat, le Client doit, préalablement à toute autre démarche, se rapprocher de TEMO en vue de rechercher une solution amiable. Le Client peut adresser une réclamation écrite par courrier électronique à [email protected], ou par voie postale à l’adresse figurant en Préambule.
A défaut de solution amiable, le Client est informé qu'il peut, en vertu du Code de la consommation, recourir à une médiation conventionnelle, notamment auprès de la Commission de la médiation de la consommation ou auprès des instances de médiation sectorielles existantes, dont les coordonnées figurent ci-après, ou à tout mode alternatif de règlement des différends en cas de contestation.
CM2C
14 rue Saint Jean
75017 Paris
https://cm2c.net/
Conformément à l’article 14 du règlement (UE) n° 524/2013 du Parlement européen et du Conseil du 21 mai 2013 relatif au règlement en ligne des litiges de consommation et modifiant le règlement (CEE) n° 2006/2004 et la directive n° 2009/22/CE, ledit Client Consommateur est également informé de l’existence d’une plateforme de règlement en ligne des litiges (« RLL ») entre consommateurs et professionnels accessible à l’adresse suivante : http://ec.europa.eu/odr.
Sans préjudice de ce qui précède, tout litige susceptible de s’élever à propos de la formation, de l’exécution ou de l’interprétation du présent Contrat sera soumis aux tribunaux dans les conditions de droit commun. Le Client disposera du droit de soumettre le litige devant le tribunal compétent de son pays de résidence habituelle si ce pays de résidence habituelle se trouve dans un État membre de l'UE, dans l'EEE ou en Suisse.
15.4. Langue applicable au Contrat
Le Contrat est conclu en langue française. En cas de traduction des présentes Conditions Générales de Vente dans une langue autre que le français, seule la version française fera foi entre les parties.
Annexe 1
Modèle de formulaire de rétractation
visé à l’Article 12.1
(Le présent formulaire doit être complété et renvoyé uniquement si le Client souhaite se rétracter de la commande passée)
A l'attention de :
TEMO
17 rue Daniel Gilard - 56000 Vannes - FRANCE
[email protected]
Je vous notifie par la présente ma rétractation du contrat portant sur la vente des produits/des Services ci-dessous :
- Commande du (Date) / Reçue le (Date)
- Numéro de la commande : ...........................................................
- Nom du Client : ...........................................................................
- Adresse du Client : .......................................................................
Signature du Client (uniquement en cas de notification du présent formulaire sur papier) :
Date :